IMPLEMENTING GUIDELINES OF ADMINISTRATIVE ORDER NO. BGC-AO-001 RE: RULES AND REGULATIONS IN THE IMPLEMENTATION OF THE DRUG TESTING OF PROFESSIONAL DRIVER’S LICENSE HOLDERS/APPLI…

SECTION I.        Introduction . — In consonance to the
directive of the President to ensure road safety in the Philippines and
pursuant to AO No. BGC-AO-001 and Republic Act No. 4136, section 22 as
amended by Batas Pambansa Blg. 398 which states that, “every person who
desires to operate any motor vehicle shall file an application to the
Director or his deputies for a license to drive motor vehicles; provided
however, that no person shall be issued a professional driver’s license
who is suffering from contagious diseases such as tuberculosis,
sexually transmitted disease and epilepsy or who is an alcohol or drug
addict or dependent”, the following rules and regulations shall be
observed:

SECTION II.       Definition of Terms. —

a.    Drug — a Methamphetamine (shabu), Cannabinoids (marijuana).
b.    Drug test — any chemical, biological or physical
instrument analysis administered by a laboratory for the purpose of
determining the presence or absence of a drug or its metabolite.
c.    Methamphetamine (Shabu) — are synthetic amphetamines or
stimulant that are produced and sold illegally in pill form, capsules,
powder and chunks. Two such Methamphetamine are chunks and ice.

d.    Cannabinoids — hemp like plant whose leaves are smoked in cigarettes as a narcotic.
e.    LTO — Land Transportation Office
f.     NCR — National Capital Region
g.    Application Fee — shall mean the amount to be collected upon filing an application for accreditation.
h.    Accreditation Permit — shall mean the authority granted
by the Dangerous Drugs Board (DDB) and Land Transportation Office (LTO)
to be able to transact business relative to drug testing.
i.     DDB — Dangerous Drugs Board
j.      Chain of Custody — refers to the procedure
established by the testing laboratory for the handling of specimens. It
ensures that sample identification and integrity are maintained. It also
accounts for the integrity of each specimen by tracking its handling
and storage from specimen collection to final disposition of the
specimen.

SECTION III.      Accreditation of Drug Laboratories . —

A.        Drug Testing Laboratory. — LTO adopt the laboratory classification of the DDB such as:

1.         CLASS A LABORATORIES — are those that
are capable of performing with competence screening, confirmatory tests
and the quantitative examinations of dangerous drugs in the body fluids.
This class of laboratory must have all the analytical instruments,
equipment, glasswares, materials and reagents that are necessary for
screening, confirmatory and quantitative examinations of dangerous drugs
in the body fluids.

2.         CLASS B LABORATORIES — are those that
are capable of performing with competence screening and confirmatory of
dangerous drugs in the body fluids. This class of laboratory shall
collaborate with a licensed class A private or government laboratory
whereby the latter undertakes to conduct further confirmatory test of
specimens tested by the former if necessary.

3.         CLASS C LABORATORIES — are those which
are capable of performing with competence, screening examinations of
dangerous drugs in the body fluids. The laboratories shall collaborate
with a Class A or B laboratory for the confirmation of their positive
findings in the body fluids, if necessary. This class of laboratory
shall have the necessary instruments, equipment, glasswares, reagents
and materials for the analysis and identification of dangerous drugs in
the body fluids.

B.        Procedure

In applying for accreditation of laboratory for drug tests, the following steps shall be followed:

B.1           The application is open to all applicants for Drug
Screening Test, provided it has already set-up a private or government
Class “A” or “B” Confirmatory Laboratory. The applicant shall submit a
duly accomplished application form, together with the documentary
requirements hereinafter set forth, to the LTO Committee on
Accreditation of Drug Testing Laboratories.

The screening testing (Class “C”) Center should be located within
the 100-200 meter radius from the LTO Licensing Office, for the
convenience of the driver applying/renewing for a professional license.

Participants to the LTO-Drug Testing Program must set up their own
confirmatory laboratory and shall be required to put up drug screening
centers in all LTO Licensing Centers nationwide and not only in
“selected or juicy area”.

That drivers found positive of drugs abuse shall automatically be
subjected to Confirmatory Testing, using the same urine specimen. The
cost of Confirmatory Testing shall be shouldered by the Drug Screening
Testing Center concerned, if sent to a private confirmatory laboratory.

Upon filing of the application for accreditation, an application fee shall be collected hereinafter set forth.

In case of the National Capital Region (NCR), applications shall
be filed at Medical Unit, LTO Central Office, East Avenue, Quezon City
for evaluation, inspection and recommendation, while in case of other
regions of the country, application shall be filed at the LTO Regional
Office where the concerned laboratory operates. Thereafter, the Regional
Office is directed to conduct ocular inspection of the laboratory in
accordance with DDB and LTO’s requirements for evaluation and subsequent
recommendation to the LTO Central Office’s Committee on Accreditation.

B.2           The Committee on Accreditation shall be created with the following duties and responsibilities:

1.         Evaluates the applications, conducts ocular
inspection of the laboratory, facilities and equipment and recommends
approval or disapproval of application to the LTO Assistant Secretary
depending upon the result of evaluation.

2.         See to it that the drug testing laboratories operate
at all times in accordance with the terms and conditions of the
registration and accreditation.

3.         Provide proper interpretation of the given and
specific requirements that shall govern the operations of the
laboratory.

4.         See to it that the technical demands involved in laboratory work are met.

5.         Conduct surprise/periodic inspection of the accredited laboratory to ensure its effectiveness.

6.         Perform such other duties as may be assigned to it.

B.3           The Assistant Secretary may approve the application and issue an accreditation permit or disapprove the same.

Upon approval of the application, an accreditation fee shall be collected hereinafter set forth.

C.        Renewal of Accreditation:

The renewal of Accreditation shall be filed, processed and approved
at the LTO Central Office subject to the fees provided in Section VIII
hereof or fees which the LTO may adopt from time to time. Likewise, the
medical unit, LTO Central Office, will ask from DDB a list of updated
accredited laboratories.

C.1           The applicant shall present its latest Accreditation
permit and the corresponding official receipt to LTO Central Office.

C.2           In securing the renewed accreditation permit, the
accredited laboratory must submit a valid and appropriate mayor’s
permit.

SECTION IV.     Documentary Requirements: —

I.          The following documents shall be submitted upon filing an application for accreditation/authorization:

a.         Certificate of Accreditation of the laboratory from
DDB, duly signed by the Executive Director of the Board and Chairman of
the Accreditation Committee.

b.         Certification from the Dangerous Drugs Board (DDB)
authorizing the laboratory director/physician to conduct drug testing;

c.         Certification from the Dangerous Drugs Board to a certified physician;

d.         A license of the laboratory director from the
Professional Regulation Commission as a medical doctor or doctor of
osteopathy;

e.         Certificate of training of the licensed Medical Technologist provided by the company supplying the said machine;

f.          Samples of chain of custody forms and procedures;

g.         Certificate of Business Name Registration from the
Department of Trade and Industry (DTI), if single proprietorship;

h.         Securities and Exchange Commission (SEC) Certificate
of Registration and Articles of Incorporation and By-laws, if
corporation and partnership;

i.          Valid and appropriate mayor’s permit;

j.          Tax Identification Number (TIN) from the Bureau of
Internal Revenue (BIR) in case business has been operating for less than
one year;

k.         Latest Income Tax Return;

l.          Certificate of business membership with the Social Security System (SSS);

m.        Specimen signatures of accredited physicians, Medical Technologists who are authorized to sign the certificates.

n.         Schematic floor plan of the laboratory indicating its size and the location of the testing equipment.

SECTION V.      Technical Requirements : —

The drug testing laboratories should meet the requirements of the
DDB for accreditation. In addition to the requirements of DDB, LTO shall
require the following:

1.         Specimen signatures of the authorized certified signatories;

2.         Certificates made of security paper with security markings to prevent faking of certificates.

SECTION VI.     Reporting System . — All accredited
laboratory managers shall make a periodic report on the results of the
drug test that was conducted, to the Central Office or LTO Regional
Offices, as the case may be. For drug test, it shall be identified on
the report, the drug that was tested for, Methamphetamine or
Cannabinoids, and whether positive or negative. The test results shall
be treated confidential.

SECTION VII.    Interpretation of Results : —

1.         Results will be printed individually or altogether in one official form with seal.

2.         Those who turned out to be positive in the
screening/initial test, their samples shall be sent to the Class A
Confirmatory Laboratory of the concerned Screening Testing Center for
confirmation at no cost to the driver. However, the driver found
positive of drugs may request that the sample be sent to DDB, NBI, or
PNP Crime Laboratory, and the cost shall be shouldered by the driver.
The subject sample shall be submitted within fifteen (15) days after
collection.

3.         As confirmed by the Class A Confirmatory Laboratory or
the DDB or PNP Crime Laboratory or NBI, the concerned accredited
physician shall subject positive individual to clinical evaluation as
basis for appropriate management.

SECTION VIII.   Fees. — A filing fee in the amount of five
hundred pesos (Php 500.00) shall be collected upon the filing of
application for accreditation and Accreditation Fee in the amount of two
thousand five hundred pesos (Php 2,500.00) for Class “A”; two thousand
pesos (Php 2,000.00) for Class “B” and one thousand five hundred (Php
1,500.00) for Class “C”.

SECTION IX. Validity . — The Accreditation Permit approved
and granted by the Assistant Secretary of LTO shall be valid for one (1)
year starting January 1 to December 31 of any given year, provided any
original permit issued during this period shall be valid only up to
December 31 of any given year. Renewal of permits shall be on or before
the last working day of the year. Such renewal permit shall be valid for
the next succeeding year.

SECTION X.      Penal Provisions . — The Accredited
Laboratory director/physician shall be penalized with an administrative
fine in the amount of ten thousand pesos (Php 10,000.00) for Class “A”
and “B” and five thousand pesos (Php 5,000.00) for Class “C” for the
first offense, one (1) year suspension and a fine of fifteen thousand
pesos (Php 15,000.00) for Class “A” and “B” and ten thousand pesos (Php
10,000.00) for Class “C” for the second offense, and cancellation of the
accreditation permit for the third offense for the following
violations:

a.         Submission of anomalous report as required by law and regulations;

b.         Non-compliance with the standard requirements herein
provided and other laws and its implementing rules and regulations;

c.         Misrepresentation in the filing of the application
and/or in its operation. Any person, firm, partnership or corporation
found operating as an accredited laboratory of the LTO on drug tests
without an accreditation permit, shall be penalized and/or denied
transactions with LTO.

SECTION XI.     Performance Bond . — All drug testing
laboratories (Class “A” and “B” ) accredited by this Office are directed
to post a bond of three hundred thousand pesos (Php 300,000.00) in cash
or surety, while Class “C” shall post a bond in the amount of one
hundred thousand pesos (Php 100,000.00) to answer for whatever damages
that LTO might suffer for failure of the accredited laboratories to
comply with their obligations.

All previous orders/memoranda and other issuances in conflict herewith are deemed superseded.

For guidance and strict compliance.

Adopted: 28 Nov. 2000

COMMITTEE ON ACCREDITATION:

(SGD.) GRACIANO J. TOBIAS Chairman	(SGD.) ILONOR MADRID Vice-Chairman
(SGD.) ANTONIO MARQUEZ Member	(SGD.) BRENDA BASCOS Member
(SGD.) BELLA SAN PEDRO Member	(SGD.) THELMA CORSIGA Member
(SGD.) HERNANDO CORTEZ Member
Approved:
(SGD.) ATTY. BENJAMIN G. CALIMA Assistant Secretary